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Independent Contractor Test in Wyoming

For unemployment insurance, Wyoming treats a paid worker as an employee unless the worker is free from control, holds out services to the public as self employed and may substitute another person, which is not the ABC test.

Last checked . General information, not legal advice.

Wyoming at a glance

Test for unemployment insurance
Three part test (control, holds out, may substitute)
Three former parts of the test were repealed (one in 1991, two in 1995).
ABC test for unemployment
No

Sources

Last checked

The rules in Wyoming

Which test does Wyoming use to classify independent contractors for unemployment insurance?

Test for unemployment insurance in Wyoming: Three part test (control, holds out, may substitute). Three former parts of the test were repealed (one in 1991, two in 1995).

Does Wyoming apply the ABC test for unemployment insurance?

No. ABC test for unemployment in Wyoming: no.

Where do the Wyoming independent contractor tests come from?

The rules above come from Wyo. Stat. 27-3-104(b). Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Write down how the working relationship actually operates: who sets the hours, who supplies tools, whether the worker serves other clients and whether the work is part of the business's usual line of work. These facts drive every classification test, and a written independent contractor agreement helps only if it matches them.

Check each law separately. A worker can be a contractor under one statute and an employee under another, because wage laws, unemployment insurance, workers' compensation and tax rules may each use their own test. Federal law also applies its own tests alongside the state rules.

Misclassification can lead to back wages, unpaid unemployment contributions, interest and penalties. If a role is close to the line, read the statute and agency guidance for the state where the work is performed, or ask the state labor or unemployment agency how it applies its test.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.